U.S. President Donald Trump speaks to reporters in the Oval Office of the White House on Feb. 3, 2025 in Washington, D.C. Trump was joined by, left to right, Commerce Secretary Howard Lutnick, former Executive Chairman of Fox Corporation Rupert Murdoch and Oracle CTO Larry Ellison. (Photo by Anna Moneymaker/Getty Images)
WASHINGTON — U.S. Democratic lawmakers argued in a new legal filing this week that President Donald Trump’s sweeping emergency tariffs usurped congressional power, and they urged a federal appellate court to strike down the duties on foreign imports.
The U.S. Court of Appeals for the Federal Circuit is set to hear oral arguments over some of Trump’s tariffs after a lower court blocked them in May. Despite being tied up in court, Trump continued threatening tariffs Wednesday on numerous trading partners, including a 50% import tax on goods from Brazil.
Nearly 200 lawmakers signed onto the amicus brief Tuesday, asserting that the International Emergency Economic Powers Act, under which Trump triggered the duties, “does not confer the power to impose or remove tariffs.”
The lawmakers argued that Trump’s unprecedented use of IEEPA violates Article I of the U.S. Constitution that authorizes Congress to “lay and collect taxes, duties, imposts and excises” and “regulate commerce with foreign nations.”
“This reflects the Framers’ interest in ensuring the most democratically accountable branch — the one closest to the People — be responsible for enacting taxes, duties, and tariffs,” wrote the 191 Democratic members of Congress, citing the Federalist Papers, in their 65-page brief.
Congress has “explicitly and specifically” delegated tariff-raising powers to the president, but not under IEEPA, according to the lawmakers.
“Unmoored from the structural safeguards Congress built into actual tariff statutes, the President’s unlawful ‘emergency’ tariffs under IEEPA have led to chaos and uncertainty,” the lawmakers wrote.
‘Economic chaos,’ price hikes cited
Sen. Jeanne Shaheen of New Hampshire, top Democrat on the Senate Committee on Foreign Relations, co-led the brief with Oregon’s Sen. Ron Wyden, top Democrat on the Senate Finance Committee.
House Minority Leader Hakeem Jeffries also co-led, along with Reps. Gregory Meeks of New York, Joe Neguse of Colorado, Jamie Raskin of Maryland and Richard Neal of Massachusetts.
In a statement Wednesday, Shaheen said Trump’s “reckless tariff agenda has caused economic chaos and raised prices for families and businesses across the country at a moment in which the cost of living is far too high.”
“The Trump Administration’s unlawful abuse of emergency powers to impose tariffs ignores that he does not have the authority to unilaterally impose the largest tax increase in decades on Americans. This brief makes clear that IEEPA cannot be used to impose tariffs,” Shaheen said.
May decision
The U.S. Court of International Trade struck down Trump’s emergency tariffs in a May 28 decision, following two legal challenges brought by a handful of business owners and a dozen Democratic state attorneys general.
Arizona, Colorado, Maine, Minnesota, Nevada, New Mexico and Oregon were among the states that brought the suit.
The lead business plaintiff is V.O.S. Selections, a New York-based company that imports wine and spirits from 16 countries, according to its website. Other plaintiffs include a Utah-based plastics producer, a Virginia-based children’s electricity learning kit maker, a Pennsylvania-based fishing gear company, and a Vermont-based women’s cycling apparel company.
Following an appeal from the White House, the Federal Circuit allowed Trump’s tariffs to remain in place while the case moved forward.
Triple-digit tariff
Trump used IEEPA to declare international trade a national emergency and announced tariffs on nearly every other country on April 2 in what he dubbed as “Liberation Day.”
Tariffs reached staggering levels on major U.S. trading partners, including 46% on Vietnam, 25% on South Korea and 20% on the European Union.
The announcement wiped trillions from markets, which have largely recovered. Trump delayed all but a 10% base tariff for 90 days on every country except China. Trump fueled a trade war with the massive Asian nation, peaking at a 145% tariff rate, but then temporarily settling between 10% and 55%, depending on the good.
Even before Trump shocked the world with his “Liberation Day” announcement, small business owners from around the U.S. told States Newsroom they were bracing for potentially devastating economic effects.
The trade court’s ruling — a pending appeals litigation — does not apply to tariffs Trump imposed under other statutes, including national security-related duties on foreign automobiles, as well as steel and aluminum. Some of the steel tariffs, imposed during Trump’s first term, were left in place under former President Joe Biden.
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